Court of Appeals of Oregon, 1992

State v. Schuster

State v. Schuster
Court of Appeals of Oregon · Decided April 8, 1992 · Joseph, Muniz, Rossman
112 Or. App. 317; 829 P.2d 93; 1992 Ore. App. LEXIS 688

State v. Schuster

Opinion of the Court

PER CURIAM

In this mental commitment case, the state concedes that the trial court erred in finding appellant to be a mentally ill person within the meaning of ORS 426.005(2). Nonetheless, we are required to conduct a de novo review.

On the basis of that review, we agree with the state: “This is one of those cases where the relationship between [the] appellant’s medical condition and her emotional lability[1] cannot be gleaned from [the] record.”

Reversed.

Yes, lability, or the state of being labile: “[R]eadily or continually undergoing chemical or physical or biological change or breakdown.” Webster’s Third New International Dictionary 1259 (unabridged 1971).

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